§ 6673. Recruitment and selection of program participants
(a)
Eligible members
The following members of the Armed Forces are eligible for selection to participate in the Program:
(1)
Any member who—
(A)
on or after October 1, 1999, becomes entitled to retired or retainer pay in the manner provided in title 10 or title 14;
(2)
Any member who, on or after January 8, 2002—
(3)
Any member who, on or after January 8, 2002, is retired or separated for physical disability under chapter
61 of title
10.
(b)
Submission of applications
(1)
Form and submission
Selection of eligible members of the Armed Forces to participate in the Program shall be made on the basis of applications submitted to the Secretary within the time periods specified in paragraph (2). An application shall be in such form and contain such information as the Secretary may require.
(2)
Time for submission
An application shall be considered to be submitted on a timely basis under paragraph (1) if—
(c)
Selection criteria
(1)
Establishment
Subject to paragraphs (2) and (3), the Secretary shall prescribe the criteria to be used to select eligible members of the Armed Forces to participate in the Program.
(2)
Educational background
(A)
Elementary or secondary school teacher
If a member of the Armed Forces described in paragraph (1), (2), or (3) of subsection (a) of this section is applying for assistance for placement as an elementary school or secondary school teacher, the Secretary shall require the member to have received a baccalaureate or advanced degree from an accredited institution of higher education.
(B)
Vocational or technical teacher
If a member of the Armed Forces described in paragraph (1), (2), or (3) of subsection (a) of this section is applying for assistance for placement as a vocational or technical teacher, the Secretary shall require the member—
ave [1] received the equivalent of 1 year of college from an accredited institution of higher education and have 6 or more years of military experience in a vocational or technical field; or
(3)
Honorable service
A member of the Armed Forces is eligible to participate in the Program only if the member’s last period of service in the Armed Forces was honorable, as characterized by the Secretary concerned (as defined in section
101
(a)(9) of title
10). A member selected to participate in the Program before the retirement of the member or the separation or release of the member from active duty may continue to participate in the Program after the retirement, separation, or release only if the member’s last period of service is characterized as honorable by the Secretary concerned (as so defined).
(d)
Selection priorities
In selecting eligible members of the Armed Forces to receive assistance under the Program, the Secretary shall give priority to members who have educational or military experience in science, mathematics, special education, or vocational or technical subjects and agree to seek employment as science, mathematics, or special education teachers in elementary schools or secondary schools or in other schools under the jurisdiction of a local educational agency.
(e)
Other conditions on selection
(1)
Selection subject to funding
The Secretary may not select an eligible member of the Armed Forces to participate in the Program under this section and receive financial assistance under section
6674 of this title unless the Secretary has sufficient appropriations for the Program available at the time of the selection to satisfy the obligations to be incurred by the United States under section
6674 of this title with respect to the member.
(2)
Reserve commitment agreement
The Secretary may not select an eligible member of the Armed Forces described in subsection (a)(2)(A) of this section to participate in the Program under this section and receive financial assistance under section
6674 of this title unless—
(A)
the Secretary notifies the Secretary concerned and the member that the Secretary has reserved a full stipend or bonus under section
6674 of this title for the member; and
[1] So in original. Probably should be “(i) to have”.